IMPORTANT POINT
Anticipatory bail - entitlement.

Judgment :

P. Sathasivam, J.

1) Leave granted.

2) This appeal is directed against the final order dated 19.09.2011 passed by the High Court of Judicature at Bombay in Criminal Application No. 786 of 2011 whereby the High Court dismissed the application for anticipatory bail filed by the appellant herein.

3) Brief facts:

(a) The appellant is the Founder President and Managing Trustee of Sinhgad Technical Education Society, Pune (in short ‘the Society’). The Society is engaged in imparting formal and informal education by establishing various schools, colleges and institutions in the State of Maharashtra. Respondent No.1 is the State and Chainsukh Sobhachand Gandhi- Respondent No.2 herein is the original Complainant and is a Trustee of Pawan Gandhi Charity Trust (in short ‘the Trust’) working for the upliftment of economically and socially impoverished sections of the society.

(b) Respondent No. 2 was running a school on land bearing Survey No.154/6/1 admeasuring 57 acres situated at Ambavet, Tal. Mulshi, Dist. Pune, on which a building in the area of 650 sq. mts. was constructed. In the year 2008, it was decided to run the School with the help of other educational institutions by leasing out the property. Respondent No. 2 approached the appellant herein for the same. The appellant herein has also shown interest in acquiring lease hold rights in order to run school activities in the said property. Pursuant to the same, negotiations took place and it was offered to lease out the said school building for a period of 87 years and to sell the other property, viz., land bearing Survey No. 165/1 admeasuring 8500 sq. mts., Survey No. 162 admeasuring 7600 sq. mts., Survey No. 160/1 admeasuring 1900 sq. mts. and Survey No. 161 admeasuring 21300 sq. mts. situated at Ambavet, Tal. Mulshi, Dist. Pune for a consideration of Rs. 3,50,00,000/-.

(c) Accordingly, two separate Memorandums of Understanding (MoUs) were executed on 10.05.2008. Both the memorandums were duly notarized and registered. On 13.05.2008, in order to realize the object, the Trust leased out the said property to the Society for a period of 2 years and 11 months commencing from 15.04.2008 and expiring on 09.03.2011 by way of an interim arrangement for an amount of Rs. 1/-towards lease fee for the entire duration of the lease granted. This deed was duly registered with the office of sub-Registrar, Mulshi (Paud) at S.No. 3701/2008.

(d) On 19.02.2011, the appellant-Society received a legal notice to remove the dead stock and articles kept in the school within 4 days and further to vacate the school and to handover the possession in favour of the Trust alleging breach of the clauses mentioned in lease deed dated 13.05.2008. By reply dated 07.03.2011, the appellant-Society denied the said allegations.

(e) The Trust filed an application under Section 41E of the Bombay Public Trust Act, 1950 before the Joint Charity Commissioner, Pune seeking prohibitory orders against the appellant-Society.

(f) Aggrieved by the inaction of the Trust, the appellant-Society also filed two separate suits bearing Special Civil Suit bearing Nos. 1146 and 1147 of 2011 before the Civil Court, Pune.

(g) On 20.07.2011, respondent No.2 filed a complaint with the Deccan Police Station, Pune under Sections 420, 465, 468 and 471 read with Section 34 of the Indian Penal Code, 1860 which was registered as S.No. 168 of 2011.

(h) Against the said complaint, the appellant filed an application bearing No. 2651 of 2011 before the Court of Additional Sessions Judge, Pune for grant of anticipatory bail. By order dated 29.08.2011, the Sessions Judge dismissed the said application.

(i) Aggrieved by the said order, the appellant preferred Criminal Application No. 786 of 2011 before the High Court. By impugned order dated 19.09.2011, the High Court dismissed the said application. Against the said order, the appellant has filed this appeal by way of special leave petition.

4) Heard Mr. Mukul Rohtagi and Mr. Ranjit Kum